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Iowa Trespassing laws

gunrunr

gunrunr

Life Member
Iowa has very little teeth in it's trespassing laws. Isn't it like a $75 fine or a slap on the back of the hand? - virtually a free pass if you ask me. And i"ve heard a lot of judges will throw out trespassing cases because they claim it is impossible to prove. I know of one case where the DNR agent testified that the violator was trespassing and the judge threw it out because they didn't have pictures of the offense.

When I was huning in Wyoming the outfitter warned us not to cross the fence under any circumstances. Even if you have a dead antelope 2 feeet over the fence, you may not retreive it without landowner permission. If you do get caught crossing the fence and that particular landowner has one guy he charges $3000 to hunt on that property, guess what, your trespassing fine is $3000!!!! WHile that is a bit extreme, we really should have more conseqences than we do for crossing the fence.

Anyone else have other state examples that we might emulate? I think this is a subject that needs to be brought up with our legislators. They want more non-residents and more deer tags issued but both those tend to lead to even more trespassing. What can we do?
 
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Below are some of the penalties for trespassing in iowa. It doesn't list the fines but I do know that it can be anywhere from $50 to $500.

1. Any person who knowingly trespasses upon the property of
another commits a simple misdemeanor.
2. Any person committing a trespass as defined in section 716.7
which results in injury to any person or damage in an amount more
than two hundred dollars to anything, animate or inanimate, located
thereon or therein commits a serious misdemeanor.
3. A person who knowingly trespasses on the property of another
with the intent to commit a hate crime, as defined in section 729A.2,
commits a serious misdemeanor.
4. A person committing a trespass as defined in section 716.7
with the intent to commit a hate crime which results in injury to any
person or damage in an amount more than two hundred dollars to
anything, animate or inanimate, located thereon or therein commits an
aggravated misdemeanor.
Click to expand...
The last one here is in special regard to deer hunting.

5. A person who commits a trespass while hunting deer, other than
a farm deer as defined in section 170.1 or preserve whitetail as
defined in section 484C.1, commits a simple misdemeanor. The person
shall also be subject to civil penalties as provided in sections
481A.130 and 481A.131. A deer taken by a person while committing
such a trespass shall be subject to seizure as provided in section
481A.12.
Click to expand...
 
The trespassing penalties are a joke. I have heard of people getting them and having to pay like 250 bucks. I have also met people in bars in college that say they view it as a lease fee. 250 bucks for a big buck is cheap to them. I have also heard if they shot a deer on your land, they get to keep the deer. They would have to pay the trespassing fee but that is it.

They need to jack up the fines to 3-5000 bucks a pop. Then people would start learning if they ever got charged.
 
A deer taken by a person while committing
such a trespass shall be subject to seizure as provided in section
481A.12.
Click to expand...
The only people that I've heard of being caught trespassing and shooting deer had the deer confiscated by the DNR. I doubt anyone would be able to keep the deer if they were convicted of trespassing to shoot it.

Though I have to admit that the trespass laws are a bit of a joke, a $5000 fine would be a little absurd
 
You better have the perimeter of your land clearly posted if you want to prosecute a tresspasser. I've done so after being turned down on charges when i didn't have my land posted. I hate having to post my land, but i hate tresspasser even more. It doesn't matter what the fine is. After the word gets out that you are a landowner that will prosecute tresspassers; the tresspassing will fall off dramaticly!
 
Nontypcl1 said:
The only people that I've heard of being caught trespassing and shooting deer had the deer confiscated by the DNR. I doubt anyone would be able to keep the deer if they were convicted of trespassing to shoot it.

Though I have to admit that the trespass laws are a bit of a joke, a $5000 fine would be a little absurd
Click to expand...


its simple stay off land you dont have permission on and you dont pay $5000.
 
I've heard that registering your land in iowa makes the consequences more serious from the person tresspassing. Such a going to jail if they tresspass. Is that true?
 
Doubt it. Have a buddy in Wapello County with big trespass issues. CO won’t call him back and Sheriff told him they have more important things to do.
 
gunrunr said:
Iowa has very little teeth in it's trespassing laws. Isn't it like a $75 fine or a slap on the back of the hand? - virtually a free pass if you ask me. And i"ve heard a lot of judges will throw out trespassing cases because they claim it is impossible to prove. I know of one case where the DNR agent testified that the violator was trespassing and the judge threw it out because they didn't have pictures of the offense.

When I was huning in Wyoming the outfitter warned us not to cross the fence under any circumstances. Even if you have a dead antelope 2 feeet over the fence, you may not retreive it without landowner permission. If you do get caught crossing the fence and that particular landowner has one guy he charges $3000 to hunt on that property, guess what, your trespassing fine is $3000!!!! WHile that is a bit extreme, we really should have more conseqences than we do for crossing the fence.

Anyone else have other state examples that we might emulate? I think this is a subject that needs to be brought up with our legislators. They want more non-residents and more deer tags issued but both those tend to lead to even more trespassing. What can we do?
Click to expand...
Lot cheaper to pay fines than own land Fines are a joke need to be painful to pay 5k sounds about right.
 
  • Deleted by mplane72
  • Reason: repeat
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gunrunr said:
OLD thread but it appears the sentiment is still the same. I originally posted this in 2010 - 14 years ago.
I think improvements have been made but we can always do better.
I don't have as big a problem with trespassing as I used to but Multiple Cellular cameras on every property is the biggest deterrent I feel.
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I’m amazed people still do trespass with cell cameras- but the old saying is still true- you’re only going to keep honest people honest.
 
A friend picked up a new lease this year and last weekend alone the warden issued 4 different trespassing tickets and a huge fine for a buck that was shot. I cannot believe people trespass like it's no big deal.
 
There's a lot of bad information out there too. A lot of people say that a landowner/warden/sheriff can't issue a ticket based off a trail camera picture or that there has to be a warning given first, neither is true. We did it this spring- got a great face picture from a cell camera 3 hours away, sent it to the CO, he recognized, issued a trespassing ticket.
 
CottonwoodCanyon said:
There's a lot of bad information out there too. A lot of people say that a landowner/warden/sheriff can't issue a ticket based off a trail camera picture or that there has to be a warning given first, neither is true. We did it this spring- got a great face picture from a cell camera 3 hours away, sent it to the CO, he recognized, issued a trespassing ticket.
Click to expand...

Comes down to the ambition of the conservation officer. Some don't want to stir the pot or come after friends/neighbors. As I noted earlier, you have to press some of them to get action. In your case, a desired outcome was quick and painless (for you)
 
Ok- which one of you is it! Post is property corner. Had a friend send me that today from some out of state guys who are hunting his neighbors (he has a tower blind 10 yards behind this)
IMG_7852.jpeg
 
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